SAFEGUARD MEASURES ACT

Arrangement of Sections

1. Short title and date of operation.

2. Application of safeguard measures.

3. Constitution of the Committee.

4. Serious injury.

5. Threat of serious injury.

6. Requirement of a written application.

7. Information required to be included in the application.

8. Withdrawal of application.

9. Decision to initiate an investigation where an application is made.

10. Director General may initiate an investigation.

11. Public notice regarding initiation of an investigation.

12. Contents of the notice regarding the investigation.

13. Duration of investigation.

14. Interested parties to submit evidence.

15. Director General’s power to call for information from certain person.

16. Confidential information.

17. Written arguments.

18. Hearings.

19. Public file and access thereto.

20. Reliance on information available.

21. Application of a provisional safeguard measure.

22. Notification with regard to the application of a provisional safeguard measure.

23. Duration of a provisional safeguard measure.

24. Payment and refund of a provisional safeguard measure.

25. Determination of serious injury, threat of serious injury and causation.

26. Public notice and notification of determination of serious injury, threat of serious injury and causation.

27. General principle on definitive safeguard measure.

28. Minister to determine the adoption of definitive safeguard measure.

29. Notice recording of application of definitive safeguard measure.

30. Form and application of a definitive safeguard measure.

31. Non-application of definitive safeguard measure to certain developing countries.

32. Quotas as definitive safeguard measure.

33. Duration of a definitive safeguard measure.

34. Progressive liberalisation.

35. Review.

36. Extension of a definitive safeguard measure.

37. Confidential information not to be disclosed.

38. Judicial review.

39. Delegation by the Director General.

40. Regulations.

41. Interpretation.

42. Sinhala text to prevail in case of inconsistency.

SCHEDULE

3 of 2018.

AN ACT to provide for the conduct of investigations and the application of safeguard measures on products imported into Sri Lanka; and for matters connected therewith or incidental thereto.

Preamble

WHEREAS Sri Lanka was one of the original contracting parties to the General Agreement on Tariffs and Trade of
1947 (GATT 1947):

AND WHEREAS the General Agreement on Tariffs and Trade 1994 (GATT 1994) which is based upon the text of GATT 1947 and was signed in April 1994, includes among others the Agreement on Safeguards:

AND WHEREAS it is expedient to make legislative provisions for the implementation of the Agreement on Safeguards Measurers on products imported into Sri Lanka.

[Date of Commencement: On Notice]

1. Short title and date of operation.

This Act may be cited as the Safeguard Measures Act, shall come into operation on such date as the Minister may appoint, by the order published in the Gazette.

2. Application of safeguard measures.

(1) The safeguard measures may be applied on products imported into Sri Lanka, where the Director General of Commerce (hereinafter referred to as the “Director General”) determines pursuant to an investigation initiated and conducted in accordance with the provisions of this Act, that the investigated product is being imported in such increased quantities, absolute or relative to domestic production and under such conditions, so as to cause or threaten to cause serious injury to the domestic industry producing like or directly competitive products, and that the application of safeguard measures is in the public interest.

(2) Any decisions relating to the application, suspension or withdrawal of safeguard measures and the modification or extension of periods of application of safeguard measures shall be the responsibility of the Inter Ministerial Committee (hereinafter referred of as the “Committee”).

3. Constitution of the Committee.

(1) The Committee shall, subject to the provisions of subsection (2), consist of the following members—

(a) the Secretary to the Ministry of the Minister, who shall be the Chairman of the Committee;

(b) the Secretary to the Ministry of the Minister in charge of the subject of Finance or his nominee;

(c) the Secretary to the Ministry of the Minister in charge of the subject of Industrial Development or his nominee;

(d) the Secretary to the Ministry of the Minister in charge of the subject of Internal Trade or his nominee;

(e) the Secretary to the Ministry of the Minister in charge of the subject of Agriculture or his nominee;

(f) the Secretary to the Ministry of the Minister in charge of the subject of Foreign Affairs or his nominee;

(g) the Director-General of Customs or his nominee; and

(h) a nominee of the Governor of the Central Bank of Sri Lanka.

(2) Notwithstanding the provisions of subsection (1), considering the nature of the proposal being submitted for its consideration under this Act, and where the Chairman considers it appropriate, he may, in consultation with the members referred to in paragraphs (b) and (c) of subsection (1), co-opt not more than two other members to the Committee.

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